【法规名称】
【法规编号】 79977 什么是编号？
【正 文】
第7页 CAP 282 EMPLOYEES' COMPENSATION ORDINANCE
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[接上页] (Added 52 of 2000 s. 6) Cap 282 s 6C Determination by Commissioner of interim payments (1) Where a claim for compensation is to be determined under section 6B(1)(a), upon application by the spouse of the deceased employee, the Commissioner- (a) may, irrespective of whether applications for compensation have been made by other members of the family and prior to the issue of the Certificate of Compensation Assessment for Fatal Case, on application by the spouse in a form as the Commissioner may specify and signed by the spouse, determine that interim payment of compensation be made by the employer to the spouse; and (b) where he makes a determination under paragraph (a), shall issue a certificate- (i) as to his determination; and (ii) as soon as practicable after making the determination.(2) A Certificate of Interim Payment shall- (a) be in such form as may be specified by the Commissioner giving details of the determination; and (b) be sent- (i) to the employer; (ii) to the spouse of the employee; and (iii) to each of the persons who has made an application under section 6B(1).(3) Interim payments- (a) shall be payable to the spouse named in the Certificate of Interim Payment or, where that Certificate is cancelled under subsection (12), in the Review Certificate of Interim Payment concerned until the aggregate amount referred to in paragraph (c) is fully paid; (b) shall comprise- (i) an initial payment calculated by multiplying the monthly payment referred to in subparagraph (ii) by the number of months elapsed between the date of death, or the date of accident if the date of death cannot be ascertained, and the date of issue of the Certificate of Interim Payment or Review Certificate of Interim Payment, as the case may require; (ii) subsequent monthly payments calculated at the rate of 50% of- (A) the monthly earnings of the deceased employee at the time of the accident as determined in accordance with section 11; or (B) the amount specified in the second column of the Sixth Schedule shown opposite section 6(1)(a) specified in the first column of the Schedule, whichever is the less;(c) shall not in aggregate exceed 45% of the total amount of compensation payable under section 6(1) after deducting any compensation which has already been paid under sections 7, 9 and 13(3); (d) shall- (i) be deducted from the compensation payable under section 6A to the person to whom interim payments have been paid; and (ii) where the spouse dies before the issue of the Certificate of Compensation Assessment for Fatal Case, be deducted from the compensation payable to the members of the family under section 6(1), except that any surcharge payable under subsection (8) by the employer for late payment of interim payments shall not be deductible.(4) Interim payments shall be payable by the employer- (a) as to the initial payment, not later than 21 days after the date of issue of the Certificate of Interim Payment or Review Certificate of Interim Payment, as the case may require; (b) as to each monthly payment, not later than the date corresponding to the date on which the preceding initial payment or monthly payment is payable or if there is no such corresponding date in that month, the last day of that month.(5) An employer is not required to make payments under a Certificate of Interim Payment pending the completion of a review under subsection (10) or (11). (6) Where the Commissioner is satisfied on reasonable grounds that a determination which gave rise to a Certificate of Interim Payment was based on information false or misleading in a material particular, he may, by notice in writing to the employer and spouse named in the Certificate of Interim Payment setting out those grounds, order that interim payments under that Certificate shall cease on and from a date specified in the notice for the purpose until such time, if any, that the notice is revoked. (7) Interim payments shall cease to be payable- (a) 7 days before the date on which compensation under section 6(1) is due in accordance with a Certificate of Compensation Assessment for Fatal Case; (b) on the date specified in a notice under subsection (6) for the purpose; (c) when the total amount of interim payments paid to the spouse reaches the aggregate amount that may be payable as stated in the Certificate of Interim Payment or Review Certificate of Interim Payment, as the case may require; or (d) on the date the Commissioner notifies the employer and the spouse of his decision that the claim shall be determined by the Court under section 18A(1),whichever is the earlier. (8) An employer who fails without reasonable excuse to make interim payments in accordance with a Certificate of Interim Payment or Review Certificate of Interim Payment, as the case may require, shall pay to the spouse of the employee, in addition to the amount of interim payments- (a) upon the expiry of the payment period, a surcharge of- (i) the amount specified in the second column of the Sixth Schedule shown opposite section 6C(8)(a) specified in the first column of that Schedule; or |
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